
iergency War Measnres 



Enacted by the Seventy-eighth Legislature 
of the State of Maine, together with the 
Proclamation by the Governor regarding 
the Registration of Aliens; also the Ruling 
of the Attorney General's Department 
Interpreting the "Explosive Law." 




Compiled under the Direction of 

THE SECRETARY OF STATE 

at Augusta, Maine 
April 17, 1917 



Emergeng War Measures 



Enacted by the Seventy-eighth 
Legislature of the State of Maine, 
together with the Proclamation by 
the Governor regarding the Regis- 
tration of Aliens; also the Ruling 
of the Attorney General's Depart- 
ment interpreting the "Explosive 
Law." 



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cx# 



is^i»»v\*-l^ , •■%■ 



Compiled under the Direction of 

THE SECRETARY OF STATE 

at Augusta, Maine 
April 17, 1917 



WATERVILLE 

SENTINEL PUBLISHING COMPANY 

1917 



D. of D. 

NOV 22 mr 






5' 



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NOTICE. 

hi the follozmng pages zvill be found copies of the various 
War Measures enacted by the Seventy- eighth Legislature during 
the closing days of the session. The emergency clause is at- 
tached to all but one of these acts — chapter ^/j — rendering them 
operative immediately upon their approval. Chapter ^/j en- 
titled, "An Act in Relation to Suits in Court, the Parties 
Whereto being in the Military Service of the United States, or 
in the State.'' zvill not become effective until July yth. 

The Proclamation of Governor Milliken, regarding the Regis- 
tration of Aliens, and the ruling of the Attorney General's De- 
partment, interpreting the so called "Explosive Lazv" is also 
published herein. 

FRANK W. BALL, 
Secretary of State. 

Augusta, Maine, April i/, igiy. 



STATE OF MAINE 



BY THE GOVERNOR 

A PROCLAMATION 

Whereas, at the session of the legislature beginning January 3, 
1917 an emergency act was passed entitled "An Act Relating 
to the Registration of Information Concerning Aliens." 

And Whereas, it is provided in said act that whenever be- 
tween the United States of America and any foreign country 
a state of war shall exist the Governor may by proclamation 
direct and require every subject or citizen of such foreign 
country within this state to appear within twenty-four hours 
after such proclamation and from time to time thereafter within 
twenty-four hours after his arrival in this State before such 
public authorities as the Governor may in such proclamation 
direct, and then and there such subject or citizen of such foreign 
country shall personally register his name, residence, business, 
length of stay and. such information as the Governor may from 
time to time in such proclamation prescribe and the person in 
control, whether owner, lessee, manager or proprietor, of each 
hotel, inn, boarding house, rooming house, building and private 
residence shall within twenty- four hours after said proclamation 
notify said public authorities of the presence therein of every 
said subject or citizen of such foreign country and shall each 
day thereafter notify such public authorities of the arrival 
thereat and departure therefrom of every such citizen or subject. 

And Whereas a failure to comply with all the requirements 
of this act is declared to be a misdemeanor punishable by a fine 
not exceeding one thousand dollars and by imprisonment not 
exceeding one year or both. 

And Whereas, a state of war now exists between the United 
States of America and The Imperial German Government, — 

Now, Therefore, I, Carl E. Milliken, Governor of the State 
of Maine, by authority of said act, do by this proclamation, 



6 EMERGENCY WAR MEASURES. 

direct and require, that all subjects or citizens of The Imperial 
German Government shall within twenty- four hours appear 
before the clerks of the towns where they are located or the 
boards of registration, if located in cities and register and all 
other persons shall notify such clerks and boards of registration 
of the presence of subjects or citizens of The Imperial German 
Government in any building under their control as provided in 
this act. 




In Witness Whereof, I have caused the seal 
of the State to be hereunto affixed, at 
Augusta, this seventh day of April, in the 
year of our Lord one thousand nine hun- 
dred and seventeen, and of the Inde- 
pendence of the United States of America 
the one hundred and forty-first. 



CARL E. MILLIKEN, 

Governor 



By the Governor : 

FRANK W. BALL 

Secretary of State. 



Registration of Aliens 

(In effect March 29, 1917.) 



CHAPTER 112. 

An Act Relating to the Registration of Information Concerning 

Aliens. 

Whereas in the event of a state of war existing or imminent 
between the United States of America and any foreign country- 
full information concerning the activities of aliens who are 
subjects of such foreign country is necessary for the preserva- 
tion of the public peace and safety, and whereas such state of 
war may be imminent before the expiration of ninety days 
after the adjournment of this legislature, and whereas unless 
this act is passed as an emergency act it cannot take effect until 
approximately July one, nineteen hundred and seventeen, and 
whereas therefore an emergency exists within the contemplation 
of the constitution of the State of Maine and the public peace 
and safety will be preserved by the enactment of the following 
act, now therefore. 
Be it enacted by the People of the State of Maine, as follows: 

Section i. Whenever between the United States of America 
and any foreign country a state of war shall exist or shall be 
imminent the governor may by proclamation direct and require 
every subject or citizen of such foreign country within this 
State to appear within twenty-four hours- after such proclama^ 
tion and from time to time thereafter within twenty-four hours 
after his arrival in this State before such public authorities as 
the governor may in such proclamation direct and then and 
there such subject or citizen of such foreign country shall per- 
sonally register his name, residence, business, length of stay and 
such information as the governor may from time to time in such 
proclamations prescribe. The person in control whether owner, 
lessee, manager or proprietor, of each hotel, inn, boarding 
house, rooming house, building and private residence shall 
within twenty-four hours after such proclamation notify such 
public authorities of the presence therein of every such subject 
3 



8 EMERGENCY WAR MEASURES. 

or citizen of such foreign country and shall each day thereafter 
notify such public authorities of the arrival thereat and de- 
parture therefrom of every such subject or citizen. A failure 
to comply with all the requirements of any such proclamation 
or to do or perform any of the acts herein provided shall be * 
a misdemeanor and shall be punished by a fine not exceeding one 
thousand dollars or by imprisonment for not exceeding one 
year or both. 

Section 2. This act by reason of the emergency set forth 
in the preamble thereof shall take effect when approved. 
(Approved March 29, 1917.) 

Malicious Mischiefs and Trespasses 

(In effect March 29, 1917.) 



CHAPTER 127. 

An Act Amending Section Ten of Chapter One Hundred and 
Twenty-nine of the Revised Statutes Relating to Malicious 
Mischiefs and Trespasses. 

Whereas the present condition of national affairs may induce 
ill considered and wanton attempts to be made to injure or 
<lestroy dams, canals, mill machinery, power engines and 
electrical fixtures, bridges and ways, and, 

Whereas the present laws of the State of Maine do not 
provide adequate punishment and penalties for the commission 
of such wilful and wanton acts, and, 

Whereas, -the public peace, health and safety render the 
provisions of the following act in the opinion of the legislature 
to be an emergency rendering the passage of said act immediately 
necessary for the preservation of the public peace, health and 
safety, now therefore, 
Be it enacted by the People of the State of Maine, as follozvs: 

Section i. Section ten of chapter one hundred twenty-nine 
of the revised statutes is hereby amended by striking out from 
the tenth and eleventh lines thereof, the words "for not more 
than three years or by fine not exceeding five hundred dollars," 
and inserting in place thereof the words 'for any term of years 
or by fine not exceeding ten thousand dollars,' so that said 
section as amended shall read as follows: 



EMERGEN CI WAR MEASURES. 9 

'Section lo. Whoever wilfully or maliciously injures, re- 
moves or destroys any dam, reservoir, canal, trench or their 
appurtenances, or the gear or machinery of a mill or manu- 
factory ; draws off the water from a mill-pond, canal or trench ; 
destroys or injures any engine or its apparatus for the ex- 
tinguishment of fire, or any posts, glass caps, wires or other 
material used in the construction and operation of a telegraph, 
telephone, electric light or electric power line; removes, injures 
or destroys any public or toll-bridge or places any obstruction 
on such bridge or on any public road, with intent to injure per- 
sons or property passing thereon, shall be punished by imprison- 
ment for any term of years or by fine not exceeding ten thou- 
sand dollars.' 

Section 2. In view of the emergency cited in the preamble, 
this act shall take effect when approved. 

(Approved March 29, 1917.) 

Injuries to Property used for Public Purposes 

(In effect March 29, 1917.) 
CHAPTER 128. 



An Act to Prevent Injuries to Property Used for Public Purposes, 
and Amending Section Four of Chapter One Hundred and 
Twenty-nine of the Revised Statutes. 

Whereas, the present condition of national affairs may in- 
duce ill considered and wanton attempts to be made to injure 
or destroy public buildings and water works, and 

Whereas, the present laws of the State of Maine do not 
provide adequate punishment and penalties for the commission 
of such wilful and wanton acts, and, 

Whereas, the public peace, health and safety render the pro- 
visions of the following act in the opinion of the legislature 
to be an emergency rendering the passage of said act immedi- 
ately necessary for the preservation of the public peace, health 
and safety, now, therefore, 
Be it enacted by the People of the State of Maine ^ as follozifs: 

Section i. Section four of chapter one hundred and twenty- 
nine of the revised statutes is hereby amended by striking out 
all of said section and substituting therefor the following, so 
that said section as amended shall read : 



10 EMERGENCY WAR MEASURES. 

'Section 4. Whoever knowingly and wilfully destroys or 
injures any public building, armory, breast work, trench, 
fortification, wharf, pier or dock or whoever knowingly and 
wilfully destroys or injures any property, conduit, pipe line, 
reservoir, structure or apparatus used in supplying water to 
the public or to any portion thereof, shall be punished by a fine 
not exceeding five thousand dollars or by imprisonment for 
any term of years.' 

Section 2. In view of the emergency cited in the preamble 
this act shall take effect when approved. 

(Approved March 29, 1917.) 

Million Dollar War Appropriation 

(In effect April 3, 1917.) 



CHAPTER 187. 

An Act Authorizing the Issue of Bonds and Notes to the Amount 
of One Million Dollars to Defray Expenses Incurred to Suppress 
Insurrection, Repel Invasion or For Purposes of War and Making 
Appropriations Therefor. 

Whereas, in order to prepare for the exigencies v/hich may 
arise in and to the State of Maine, in the crisis now impending 
in the foreign relations of the United States, the appropriation 
of money therefor and the incurring of debt or debts, liability 
or liabilities, in behalf of the state in excess of the ordinary 
debt limit of the state are necessary and are emergency 
measures immediately necessary for the preservation of the 
public peace, health and safety, now therefore, 
Be it enacted by the People of the State of Maine, as follozvs: 

Section i. The governor and council are hereby directed 
to render to the government of the United States in the present 
crisis any and all assistance within the power of the state and 
for the purpose of suppressing insurrection, repelling invasion 
or for purposes of war, the governor with the advice and 
consent of the council may draw his warrant upon any money in 
the treasury available and not otherwise appropriated, and the 
treasurer of state may, under the direction of the governor and 
council borrow upon the credit of the state such sums, not 
exceeding one million dollars, as may be necessary to carry out 
the provisions of this act, and for that purpose may issue bonds 



EMERGENCY WAR MEASURES. II 

and or notes in the name and on behalf of the state, at such 
rates of interest, in such sums and of such denominations and 
on such time or times, and to mature at a definite time or 
serially as the governor and council may determine. Such 
bonds and or notes shall b^ signed by the treasurer of state, 
countersigned by the governor, and attested by the state auditor 
with the seal of the state affixed, and shall be deemed to be and 
shall be a pledge of the faith and credit of the state and 
shall be tax exempt. The coupons attached to any coupwn 
bonds so issued shall bear the facsimile of the signature of the 
treasurer of state, instead of his original signature. The state 
auditor shall keep an account of such bonds and or notes, 
showing the number and amount of each, the date of counter- 
feigning, the date when payable, and the date of delivery thereof 
to the treasurer of state, who shall keep an account of such 
bonds and or notes, showing the number thereof, the names 
of the persons to whom sold, the amount received for the 
same, the date of sale and the date when payable. The 
treasurer of state may negotiate the sale of such bonds and or 
notes under the direction of the governor and council in such 
manner as they may deem most advantageous to the state and 
the proceeds of the sale of such bonds and or notes shall be held 
by the treasurer of state and paid by him upon warrants 
drawn by the governor and council for the purposes of this 
act, until otherwise ordered by the legislature. 

Section 2. The sum of one million dollars is hereby appro- 
priated to be paid out' of the treasury of state from any money 
in the treasury not otherwise appropriated and from the proceeds 
of any bonds and or inotes issued under the provisions of this act 
to be expended under the direction of the governor with the 
advice and consent of the council in defraying the expenses in- 
curred in carrying out the purposes of this act. 

Section 3. Interest due or accruing upon any bonds and or 
notes issued under the provisions of this act shall be paid by 
the treasurer of state from any money in the state treasury not 
otherwise appropriated, and or from the state contingent fund 
upon warrants drawn by the governor and council therefor. 

Section 4. In view of the emergency cited in the preamble 
hereof this act shall take effect when approved. 

(Approved April 3, 1917.) 



12 EMERGENCY WAR MEASURES. 

Suits in Court against Persons in the Military 

Service 

(Not in effect until July 7, 1917.) 



CHAPTER 273. 

An Act in Relation to Suits in Court, the Parties Whereto Being 
in the Military Service of the United States, or of this State. 

Be it enacted by the People of the State of Maine, as follows: 

Section i. Any action or contract or review now pending, 
or which may be commenced against any person, who is or shall 
be mustered into the service of the United States, or of this 
state, during the present war, shall at the request of the de- 
fendant be continued without cost to either party till his term 
of service shall expire ; provided that the provisions of this act 
shall not apply to suits and proceedings upon official bonds, or 
actions where the party mustered into the service of the United 
States, or of this state, is liable jointly with a partner or person 
not in such service, nor to any action where the court may be 
satisfied that great injustice would be done by such continuance. 

Section 2. Personal property to the amount of one thousand 
dollars, other than that held in partnership as above and othei 
than whereon attachment had been made upon mesne process 
prior to the date of enlistment of the defendant, in addition 
to that already exempted by law, shall be exempt from attacli- 
ment or seizure upon execution from and after the date of such 
enlistment in the service aforesaid, and during his term of 
'Service to be designated by the defendant, or his agent or at- 
torney. 

Section 3. In all cases in court, or which may be entered 
in court, during such term of service where a person mustered 
into the service of the United States, or of this state, is 
plaintiff, the court at his request may continue such case, as 
long as the court may think justice would require, and without 
costs to either party. 

Section 4. During his absence from the state, and while 
continuing in the service of the United S^tates, the operation of 
any statute of limitations shall be suspended in all matters in 
which suits may arise in which a person mustered into such 
service may be either plaintiff or defendant. 
(Approved April 7, 1917.) 



EMERGENCY WAR MEASURES. . I3 

Appointment of Special Deputy Sheriffs in 

Time of War 

(In effect April 7, 1917.) 



CHAPTER 274. 
An Act to Provide for the Appointment of Special Deputy Sheriffs. 

Whereas, in order to protect and guard the Hves and property 
of the citizens of the state, the appointment of special deputy 
sheriffs is necessary and is an emergency measure immediately 
necessary for the public peace, health and safety, now therefore, 
Be it enacted by the People of the State of Maine, as follozi^s: 

Section i. Whenever a state of war shall exist or be im- 
minent between the United States and any foreign country, 
sheriffs may appoint male citizens more than eighteen years 
of age not eligible for military service as special deputies who 
shall have and exercise all 'the powers of deputy sheriffs ap- 
pointed under the general law except the service of civil 
process. Such special deputies shall be personally responsible 
for any unreasonable, improper or illegal acts committed by 
them in the performance of their duties, but the sheriffs shall 
not be liable upon their bonds, or otherwise, for any neglect 
or misdoings of such deputies. 

Section 2. Any sheriff appoimting such . special deputy 
sheriffs shall notify the clerk of courts and the county com- 
missioners for the county in which such appointments are made 
giving the names of such deputies and the date of their ap- 
pointments and such county commissioners shall fix and order 
paid from the treasury of the county to such deputies 
a reasonable compensation, not exceeding three dollars and 
fifty cents per day for the time actually employed together with 
actual and necessary expenses incurred in the performance 
of duty. 

Section 3. In view of the emergency cited in the preamble 
hereof, this act shall take effect when approved. 

(Approved April 7, 1917.) 



14 EMERGENCY WAR MEASURES. 

Land May be Taken for Military Purposes 

(In effect April 7, 1917.) 



CHAPTER 275. 

An Act Authorizing the Taking of Land for Forts, and Other 

Purposes. 

Whereas, in order to provide adequate means of defense and 
to discharge the obligations of the State of Maine to the govern- 
ment of the United States, an act authorizing the taking of land 
for military purposes and the ceding thereof to the federal 
government is immediately necessary for the preservation of 
the public peace, health and safety ; 

Be it enacted by the People of the State of Maine, as follows: 
Section i. The governor by advice of the council, is hereby 
authorized and empowered, to take in the name of the state, by 
purchase, lease or deed, or in the manner herein denoted, any 
land or lands, or rights of way, for the purpose of erecting, 
using or maintaining any fort, fortification, arsenal, or other 
military structure or establishment, military connection, way 
or railroad, with all necessary rights, powers and privileges 
incident to the use thereof, whenever the governor by and with 
the advice of the council, may determine that the public 
exigencies require it ; and by and with the advice of the council, 
he may deliver possession, and cede the jurisdiction thereof to 
the United States, on such terms and conditions as they deem 
expedient. 

Section 2. When the governor and council determine that 
a public exigency requires the taking of any land or rights as 
aforesaid they shall cause the same to be surveyed, located and 
so described, that the same can be identified, and a plan thereof, 
with a copy of the order in council, to be filed in the office of 
the secretary of state, and there recorded. The filing of said 
plan and copy shall operate to vest the title in the land and 
rights aforesaid in the State of Maine, or their grantees, to be 
held during the pleasure of the state, and if transferred to the 
United States, during the pleasure of the United States. 

Section 3. The owner of any land or rights, taken as afore- 
said, shall have a just compensation therefor, to be determined 
as provided for the determination for damages for land taken 
for highway purposes. 



EMERGENCY WAR MEASURES. 1 5 

Section 4. The powers herein granted are Hmited to the 
first day of March, nineteen hundred nineteen, after which time 
they cease. 

Section 5. In view of the emergency expressed in the pre- 
amble hereof, this act shall take eftect when approved. 

(Approved April 7, 1917.) 

Support of Dependent Families of Soldiers 

and Sailors 

(In effect April 7, 1917.) 



CHAPTER 276. 
An Act to Provide for the Support of Families of Volunteers. 

Whereas, suitable provision for the support of dependent 
members of families of soldiers and sailors in the service of the 
United States or of this state in the present condition of war 
is immediately necessary for the preservation of the public 
peace, health and safety: 

Be it enacted by the People of the State of Maine, as follows: 
Section i. The cities, towns and plantations in this state 
shall raise money by taxation or otherwise, to be applied to aid 
in the support of the wife, aged, infirm and dependent father, 
mother, or other member of the household of which a soldier, 
sailor or marine is the head, and children under the age of 
fifteen years, being inhabitants of such city, town or plantation, 
of any soldier, sailor or marine, who may be actually ini 
the military or naval service of the United States or of this 
state in any recognized company, battalion or regiment of the 
United States or of this state, or on board of any vessel of the 
United States during the present war, the money so raised to be 
expended under the direction of the municipal authorities of said 
cities, towns and plantations as herein prescribed ; there shall be 
paid in money the sum of four dollars per week for a wife, aged, 
infirm and dependent father, mother or other member of the 
household and one dollar and fifty cents per week for each child, 
under the age of fifteen years, dependent upon such soldier, 



l6 EMERGENCY WAR MEASURES. 

sailor or marine ; provided, however, that the sum so paid shall 
not in any case exceed ten dollars per week for all persons de- 
pendent on one soldier, sailor or marine, and su'ch aid shall be 
furnished 'to such persons as are herein authorized to receive it 
belonging to the family of any such soldier, sailor or marine 
killed in battle or by the casualties of war; and such aid may at 
the discretion of the municipal authorities be furnished to the 
persons herein authorized to receive it, belonging to the 
family of any such soldier, sailor or marine who may be dis- 
charged from the service in consequence of any disability re- 
sulting from the casualties of war and not from his own fault, 
or who may be disabled as aforesaid and discharged in con- 
sequence of the expiration of the time of service, for a period 
not exceeding one year after such death or discharge ; provided, 
that in case of discharge he shall not sooner recover from such 
disability. 

Section 2. The cities, towns and plantations in this state 
are hereby authorized and empowered to raise any additional 
sum or sums of money over and above the amount to be re- 
imbursed by the state, by taxation or otherwise, to aid in the 
support of the dependent family of such soldier, sailor or 
marine in the service of the United States, or of this state, as 
set forth in the first section of this act, in order to provide such 
support as may be deemed necessary in cases not met or 
adequately provided for by the provisions of this act. 

Section 3. The money so appHed by any cit)'', town or 
plantation, as authorized by the first section of this act, shall 
be reimbursed from the state treasury to such city, town or 
plantation. 

Section 4. No such reimbursement shall be made in any 
case, until an account of the expenditures, duly certified and 
sworn to by a majority of the proper municipal authorities 
of the city, town and plantation in the state, furnishing the 
aid as aforesaid, shall be made and filed with the governor and 
council, which account shall set forth the mame of the soldier 
for whose family expense has been incurred, also the name, age 
and relationship of each person who received aid and the sum 
paid for each of said persons. Accounts thus made out and 
filed within the time hereinafter prescribed, shall be examined 
by the governor and council, and if found correct and duly 
vouched shall be approved. 



KMKRdlCNCV WAR M I'.ASURICS. I7 

Section 5. vSiicli accounts shall he. made up to the first days 
of July and jamiary in each year, and shall he i\\Qi\ with the 
governor and council on or he fore the first days of Au^^ust and 
Kehruary followinj^- and shall he examined and passed upon 
wi'tlun thirty days after ihc date of such liliuL;-. If aj)prove(l, 
the amounts allowed shall he |)ai(I, upon warrants (h-awn hy 
the (governor au^ainst any moneys in the treasury not otherwise 
appropriated and especially the |)r()cee(ls of honds or notes 
authorized hy this lei^islature iov war purposes hy the state 
treasurer to the city, town oi' plantation whose claim has been 
thus estahlished. 

S'ection (>. No paui)er (lisal)ilities shall he created hy reason 
of rcceivinj^ 'the aid provided for in this act. 

Section 7. The word i)lantation, when it occurs in this act, 
is intended to include plaiitationis duly or.ujanized for any jmr- 
pose, and any |)erson entitled to the aid provided for in this act, 
who may reside in any unorj^^anized township in this state, shall 
receive it in the nearest duly ()ri;aiii/,ed eity, town or jjlantalion 
in this state. 

Section <S. This act shall not authorize rcMuihursinu;' money 
api)lie(l to aid the wife, child, parent or dependent momher of 
the household as aforesaid, of any commissioned oflicer in the 
military or naval service as aforesaid, or money applie(l to aid 
the family of any sofher, sailor or marine who may desert the 
service, after notice! of such, desertion shall he received hy the 
city, town or plantation of his residence. 

Section (). The ,governor and council shall have power to 
send for persons and papers in order to ascertain the amount 
due to each city, town and iplantation under this act. 

Section 10. If any city, town or plantation, or the mnnicii)al 
officers thereof, shall nej^lect or refuse to comply with the 
pi'ovisions of this act according to its true intent and meaning, 
and to the satisfaction of the governor and council, such city, 
town or plantation, or 'the numicipal officers thereof, as the case 
may he, shall forfeit and pay the sum of one hundred dollars, one 
half to the use of the aggrieved i>arty and one half to the county 
,where the cause is tried, to he recovered hy an action on the 
case in any court |)r()j)er to try the same. 

Section 11. Any one of the j)ersons named in the first section 
of this act. as entitled to aid, who sliall he temj)orarily absent 



1 8 EMERGENCY WAR MEASURES. 

from the state or town without abandoning residence therein, 
shall receive the aid herein specified, provided application shall 
be made therefor to the muinicipal officers of the city, town or 
plantation of their residence. 

Section 12. It s'hall be the duty of the adjutant general to 
give notice in all cases of desertions, to the several cities, towns 
and plantations of the state, of each soldier, sailor or marine 
residing therein and also in aH cases of return from, desertion, 
and also when any non-commissioned officer or private shall 
be promoted to the rank of a commissioned officer, as soon as 
he shall receive the knowledge of such promotion, such notice 
being in each case a simple statement of fact. 

Section 13. The secretary of state shall furnish an attested 
copy of this act to the municipal officers of the several cities, 
towns and plantations of the state, within twenty days after its 
approved by the governor. 

Section 14. In view of the emergency expressed in the pre- 
amble hereof, this act shall take effect when approved. 
(Approved April 7, 1917.) 

State to Supplement Pay of Soldiers and Sailors 

(In effect April 7, 1917.) 



CHAPTER ^-jy. 

An Act to Provide State Pay for Soldiers and Sailors in the 
Volunteer Service of the United States. 

Whereas the pay allowed by the national government to en- 
listed men under existing laws and regulations is not sufficient 
to adequately recompense the volunteers and, 

Whereas increased pay for the soldiers and sailors enlisted 
in the National Guard of Maine or in the naval service of the 
United States is immediately necessary for the preservation of 
the public peace, health and safety in the present condition of 
war and until the pay allowed by the national government is 
increased 

Be it enacted by the People of the State of Maine, as follozus: 

Section i. There shall be allowed and paid out of the 

treasury of the State of Maine to each non-commissioned 

officer, soldier, sailor and marine mustered into the military 



EMERGENCY WAR MEASURES. I9 

service of the United States as a part of the quota of the state 
or enrolled in the naval service for service in the United States 
or in any foreign country, a sum not in excess of ten dol- 
lars a month, as may be necesary, in order that every such 
non-commissioned officer, soldier or sailor shall receive from, 
the United States and this state in the aggregate the sum of 
twenty-five dollars per month. 

Said amount shall be payable monthly at the office of the 
adjutant general, and shall date from the enrollment or muster-in 
to the United States service of said non-commissioned officer, 
soldier, sailor or marine, and shall continue until the first day 
of March, nineteen hundred and nineteen, unless the service is 
sooner terminated. The supply officer of each organization shall 
submit to the adjutant general payrolls certified to by him as 
correct, and the amount found necessary as above shall be paid 
by the adjutant general by check to the enlisted man, or if he 
so directs in writing, to any member of his family. 

Section 2. For the purpose of meeting the expenses 
authorized by this act, the governor is hereby authorized to draw 
his warrant for said expenses against any moneys in the 
treasury not otherwise appropriated. 

Section 3. In view of the emergency expressed in the pre- 
amble hereof, this act shall take effect when approved. 

(Approved April 7, 1917.) 

Maine Home Guard 

(In effect April 7, 1917.) 



CHAPTER 278. 

An Act to Provide for the Organization of the Maine Home Guards 
During the Continuance of the War with Germany. 

Whereas, during the present war with Germany, the creation 
and maintenance of an organized Home Guard separate and 
distinct from the National Guard of the State of Maine, is 
immediately necessary for the preservation of the public peace, 
health and safety, 

Be it enacted by the People of the State of Maine, as follows: 
Section i. The commander-in-chief may during the con- 
tinuance of the war with Germany, raise by voluntary enlistment 



20 EMERGENCY WAR MEASURES. 

and organize the Maine Home Guard from among the citizens 
of the United States over thirty-five years of age, who are in- 
habitants of 'this State. 

Section 2. The home guard may be of such numbers and 
shall be so organized, maintained, officered, armed, and 
equipped, and enlisted for such service within the state, for such 
time and on such terms as the commander-in-chief may by 
executive order determine from time to 'time. When called for 
service the home guard shall have such duties as shall be es- 
tablished by order of the commander-in-chief, and all members 
of the home guard shall have and exercise throughout the state 
all the powers of constables, except the service of civil process, 
and all the powers of police officers and watchmen. The com- 
pensation of officers and men of the home guard, when called 
by executive order for service and while on such service, shall 
be fixed by the commander-in-chief, and shall in no event exceed 
the compensation of officers and men of the national guard 
of like grade. 

Section 3. The commander-in-chief may appoint officers for 
such units and organizations of the home guard as he may es- 
tablish and such officers shall, subject to removal by the com- 
mander-in-chief unless and until their successors are appointed, 
as provided by the statutes of the state, exercise the same mili- 
tary authority over their several commands as that specified by 
the statutes of Maine for duly chosen officers of organized 
militia of the state. 

Section 4. The provisions of paragraphs one hundred sixteen 
and one hundred twenty-seven of the "Act to iRevise the 
Military Law" of nineteen hundred seventeen, shall not apply 
to the home guard herein provided for. 

Section 5. All provisions of law relative to the compensation 
of members of the National Guard injured in the discharge of 
their duty shall apply to members of the Maine Home Guard. 

Section 6. In view of the emergency expressed in the pre- 
amble hereof, this act shall take effect when approved. 
(Approved April 7, 1917.) 



EMERGENCY WAR MEASURES. 2T 

Executive's Authority in Time of War Increased 

(In effect April 7, 1917.) 



CHAPTER 284. 

An Act to Provide for the Better Defense of the State and for the 
Discharge of its Duties Towards the National Defense. 

Whereas, conditions now exist within our state and nation 
which require an organization to be used at the discretion of the 
governor to insure and continue the domestic peace and 
especially to protect bridges, water powers, factories and other 
structures which might be made the especial objects of attack, 
and 

Whereas, such a measure is immediately necessary for the 
preservation of the public peace, health and safety, 

Be it enacted by the People of the State of Maine, as follows. 

Section i. For the purpose of suppressing insurrection, re- 
pelling invasion and for purposes of war and in order that he 
may be able effectively, to discharge the duty imposed upon him 
by the constitution, to provide for the safety and defense of the 
state and for the discharge of its duties toward the national de- 
fense as one of the United States during the existence of a con- 
dition or state of war between the United States and any foreign 
country, the governor shall have the following powers in addition 
to those now vested in him under the constitution and existing 
laws. 

Section 2. Whenever he deems it expedient for the safety 
of the state or the protection of all or any of the persons or 
property therein, he may enroll as many special constables as he 
may deem necessary, prescribe their compensation, may provide 
by regulation for their organization, equipment, time of service, 
and duties, and may appoint from their number suitable persons 
to act as officers of such special constables, and may prescribe the 
powers and duties of such officers in respect to their several 
commands. 

Section 3. Special constables appointed under section two 
of this act shall have and exercise throughout the State all the 
powers of constables (except the service of civil process), and 
all the powers of police officers and watchmen. 



22 EMERGENCY WAR MEASURES. 

Section 4. All provisions of law relative to the compensation 
of members of the militia injured in the discharge of their duty 
shall apply to special constables enrolled under the provisions of 
this act. 

Section 5. Whenever the governor shall believe it necessary 
or expedient for the purpose of better securing the public safety 
or the defense of the state, he may take possession : 

(a) of any buildings, machinery or equipment. 

(b) of any horses, carriages, automobiles, aeroplanes, rolling 
stock of steam or electric railroads or of street railways, 
wharves, ships, boats, or any other means of conveyance. 

(c) of any provisions for man or beast, and any fuel, gaso- 
line or other means of propulsion, 

which may be necessary or convenient for the use of the military 
or iuaval forces of the state or of the United States, or for the 
better protection of the state or its inhabitants. He may use 
and employ all property so taken possession of for the service 
of the state, for such times and in such manner as he shall deem 
for the interests of the state. He may award reasonable com- 
pensation to the owners of any property of which he may take 
possession under the provisions of this section and for its use, 
and for any injury thereto or destruction thereof caused by such 
use. 

Section 6. Any owner of property of which possession has 
been taken under section four of this act, who is dissatisfied with 
the amount awarded him by the governor as compensation, may 
file a petition in the supreme court in term time or vacation, to 
have the amount to which he is entitled by way of damages de- 
termined, and the supreme judicial court shall have jurisdiction 
of all claims arising under said section four. Such claims may 
be enforced by petition stating clearly and concisely the nature 
of the claim and the damages demanded, and such petition shall 
be certified by the sherifif of the county of Kennebec or any of 
his deputies by leaving an attested copy thereof in the hands or 
in the ofiice of the attorney general and a like copy in the hands 
or in the office of the secretary of state, thirty days at least 
before the return date thereof. 

Section 7. The petition provided for under section five of 
lliis act may be filed either in the coimty in which the petitioner 



EMERGENCY WAR MEASURES. 23 

lives or has his usual place of business or if the petitioner either 
lives or has a usual place of business in the state, or in the 
county of Kennebec. Said petition shall be brought within one 
year from the date when possession of the property was taken 
under section four of this act and the supreme judicial court 
shall proceed thereon under its rules already in effect and to be 
adopted after the determination of such proceedings. 

Section 8. In order to make effective the use of the powers 
conferred upon the governor by this act and thereby effectually 
to promote the defense of the state and the discharge of its 
obHgations as one of the United States in respect to the national 
defense, the governor is hereby authorized, whenever he shall 
have determined that the circumstances exist which legally 
warrant the exercise by him of all or any of the powers con- 
ferred on him in this act, to confer by writings signed by him, 
upon such officials of the state or any political division thereof 
or such officers of the nlilitary or naval forces of the state or 
such other person or persons as he may select full power and 
authority to do in his name whatever may be necessary or con- 
venient to carry such powers into effect. He may revoke such 
written authority at any time. 

S'ection 9. The governor shall have full power and authority 
to co-operate with the federal authorities and with the governors 
of other states in matters pertaining to the common defense and 
with the military and naval forces of such other states and with 
the constal)ulary police and registration officials of such states, 
and in particular may issue regulations under the act heretofore 
by this legislature enacted governing the registration of aliens, 
for the purpose of assisting such other states in the enforcement 
of similar registration statutes, and may in time of emergency 
confer upon the constabulary or police of such other states the 
powers of special constables under section three of this act with 
authority to exercise such powers in such portions of the state 
and for such period as he may determine. 

Section 10. If any provision of this act shall be held uncon- 
stitutional the rest shall nevertheless be given full force and 
effect, it hcing the intentioin of the legislature that all or as many 
as constitutionally possible of the powers enumerated in this act 
shall vest in the governor. 



24 EMERGENCY WAR MEASURES. 

Sectionji. The powers herein granted are limited to the first 
day of March in the year nineteen hundred nineteen, after which 
they shall cease. 

Section 12. In view of the emergency expressed in the pre- 
amble of this act it shall take effect when approved. 

(Approved April 7, 1917.) 

The Explosive Law 

(In effect April 7, 1917.) 



CHAPTER 288. 

An Act Regulating the Keeping and Sale of Dynamite, Powder and 

Other Explosives. 

Whereas, the regulation of the keeping and sale of dynamite, 
powder and other explosives, within the state, is necessary 
during the existence of war and is an emergency measure im- 
mediately necessary for the preservation of the public peace, 
health and safety, now therefore, 

Be it enacted by the People of the State of Maine, as follows: 
Section i. Every person, firm or corporation having or here- 
after acquiring the possession or control of dynamite, powder or 
other explosives, within the state, shall within twenty-four hours 
after acquiring such possession or control file with the clerk of 
the town or city in which such explosives be kept or deposited, 
a written statement under oath setting forth the amount, kind 
and location thereof and in case of sale or other disposition of 
any such dynamite, powder or other explosive within the state, 
the seller shall obtain from the purchaser a signed statement 
giving the name and address of the purchaser, date of sale, 
amount of purchase, place of use and purpose intended, which 
shall be countersigned by the seller and within twenty-four hours 
after such sale shall be filed together with a recording fee of ten 
cents, with the clerk of the town or city in which such sale is 
made and such clerk shall keep a record of such statement and 
forthwith forward a copy thereof to the secretary of state. 

Section 2. All persons, firms or corporations purchasing or 
otherwise obtaining any dynamite, powder or other explosives 
from without the state shall within twenty-four hours after re- 



EMERGENCY WAR MEASURES. 25 

ceiving such explosives file with the clerk of the town or city 
in which such purchaser resides a written statement under oath 
setting forth the amount purchased, and for what purpose or use 
the same is intended together with the purchaser's and seller's 
name and address. 

Section 3. Any person failing to comply with any of the pro- 
visions of this act shall upon complaint be punished by a fine 
not exceeding five hundred dollars or by imprisonment for not 
more than one year. 

Section 4. In view of the emergency cited in the preamble 
hereof this act shall take effect when approved. 

(Approved April 7, 1917.) 



Ruling of Attorney General's Department 

(Interpreting the Explosive Law.) 

Chapter 288 of the Public Laws of 19 17 requiring record 
of sales of dynamite, powder and other explosives is an emer- 
gency measure and a war measure which was enacted to insure 
the safety of the citizens of our state. In time of war it is 
necessary that strict rules and regulations be promulgated and 
that full compliance thereith be enforced even though in some 
instances inconvenience results to the individual citizen. Public 
safety requires immediate and full knowledge on the part of the 
authorities of the existence of explosives which might by evil 
disposed persons be used to endanger life and destroy property. 

The term explosive is defined by the authorities as any com- 
pound or mixture susceptible to explosion or to chemical re- 
action or which will by decomposition or combustion generate 
gases with such rapidity that it can be used for blasting or in 
firearms. By statutory construction the term has been defined 
to include gunpowder, nitroglycerin, guncotton, blasting powder, 
fulminate of mercury or other metals, or any substances in- 
tended to be used, by exploding or igniting the same, to produce 
force, to propel missiles or to rend apart substances and to in- 
clude fuses, percussion caps, detonators, cartridges and am- 
munition of all kinds. 

Powder or other explosives in rifle or revolver cartridges or 
shotgun shells are not less dangerous to public safety than they 
are in loose and unconfined form and not to include fuses, per- 



26 EMERGENCE WAR MEASURES. 

cussion caps, dynamite caps^ dynamite exploders, detonators, 
cartridges and ammunition of all descriptions within the require- 
ments of this act would afford opportunity for evasion of the 
restrictive and protective purposes of this act. 

"Dynamite, powder or other explosives" as used in Chapter 
288, Public Laws of 191 7, must be construed to include not only 
dynamite and powder, but any compound or mixture generally 
intended to be used, by exploding or igniting the same, to pro- 
duce a force either to propel missiles, or to rend apart sub- 
stances and to include fuses, percussion caps, dynamite caps, 
dynamite exploders, detonators, cartridges and ammunition of 
all descriptions. 

Persons in possession or control of, or selling or purchasing 
any explosive substances regardless of amount or form thereof 
must comply with the provisions of Chapter 288 or be subject 
to the punishment and penalties therein provided. 

Enrollment of Militia 

(In effect April 7, 1917.) 



CHAPTER 259. 

An Act to Revise tlie Military Law (Sections 4, 5 and 6). 

Section 4. All male citizens who are more than eighteen and 
less than forty-five years of age, excepting idiots, lunatics, 
paupers, vagabonds, habitual drunkards, and persons convicted 
of infamous crimes, and who are resident in this state, shall, 
whenever the governor may deem necessary, be enrolled by the 
assessors in the several cities, towns and plantations in which 
they reside, in such manner and according to such regulations 
as the governor shall prescribe. On such enrollment and 
opposite the name of each person who is exempt from duty 
under section three or who is serving in the active militia, or 
who is unable by reason of physical disability to perform mili- 
tary duty, the assessors shall write the word "exempt" and state 
in each case the cause of exemption. The assessors shall sub- 
scribe said list and make oath that the same is true to the best 
of their knowledge and belief; and shall file the same with 
the clerk of the city, town or plantation forthwith ; and each clerk 



EMERGENCY WAR MEASURES. 2/ 

shall, within ten days, make a certified statement of the total 
number enrolled, the number marked exempt, the number be- 
longing to the active mihtia and the number marked disabled, 
and forward the same to the office of the adjutant general. Any 
person claiming exemption shall satisfy the enrolling officer of 
his right thereto and in case of doubt the burden of proof shall 
be upon the person claiming exemption, and the enrolling officer 
may require him to submit to examination on oath and may ad- 
minister such oath. 

Section 5. Any person knowingly and wilfully refusing in- 
formation or giving false information to an assessor or other 
authorized person making the enrollment, respecting the name, 
age, residence, occupation, military service, physical or mental 
condition, or other proper subject of inquiry, of himself or any 
person within his knowledge liable to be enrolled, shall for 
each such concealment, refusal, or giving of false information 
be guilty of a misdemeanor. The officer making the enrollment 
shall, within ten days, report all persons violating this section 
to the adjutant general. 

Section 6. Any assessor neglecting or refusing faithfully to 
perform the duties of enrolling officer as required by law, or 
making any false entry upon said rolls, or committing any other 
fraud therein, and any clerk neglecting to make and forward 
the statement required by section four, shall be guilty of a mis- 
demeanor. Upon the failure of the assessors to make the en- 
rollment of the militia as required by law, the governor may 
appoint some person to make it at the expense of the city, town 
or plantation, and the person so appointed shall have all the 
powers and be subject to the same duties as are prescribed in the 
case of assessors. 

(Af^roved April 7, 1917.) 



